Fla. Supreme Court delays man's execution

BILL KACZORAssociated Press

Published Tuesday, October 07, 2008

TALLAHASSEE-- A man sentenced to die for strangling a teenager 25 years ago will avoid execution for at least three weeks while his appeal of lethal injection procedures is considered, the Florida Supreme Court ruled Monday.

Wayne Tompkins had been scheduled to die Oct. 28, but the high court issued a stay until Nov. 18.

Tompkins is appealing a March ruling by Circuit Judge Daniel H. Sleet. He rejected claims that the state's lethal injection procedure is unconstitutional cruel and unusual punishment because it creates an unnecessary risk of pain.

The state justices and U.S. Supreme Court have since rejected objections to the procedure on behalf of Florida two death row inmates executed earlier this year.

Tompkins, 51, was convicted of murdering Lisa DeCarr, the 15-year-old daughter of his girlfriend, in March 1983 in Tampa.

Gov. Charlie Crist signed a third death warrant for Tompkins last week. He also had been scheduled for execution in 1989 and 2001, but those were also delayed by appeals.

A notice of the latest appeal was filed in May, but the Supreme Court has not yet received any written arguments.

The justices have ordered Tompkins' lawyers to file their initial brief by noon Oct. 20. The state's reply is due four days later, and Tompkins' response must be in Oct. 27. Oral arguments will be held Nov. 3 if necessary, the justices wrote.

Chief Justice Peggy Quince recused herself from the case. Quince once worked in the attorney general's Tampa office, where she handled criminal appeals.

Tompkins was jailed in neighboring Pasco County on unrelated rape and kidnapping charges when the victim's body was found under her mother's home 14 months after she disappeared.